Building Bylaw No. C-1328 (Office Consolidation, as amended by C-1328A, C-1328B and C-1489) — full text, Grande Prairie, Alberta

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CITY OF GRANDE PRAIRIE OFFICE CONSOLIDATION BYLAW C-1328 A Bylaw to Provide for the Regulation and Control of the Form, and Content for the Construction, Alteration, Addition, Occupancy, Change of Occupancy, Installation, Repair, or Demolition of Buildings, Electrical, Plumbing, Gas Equipment and Systems (As Amended by Bylaws C-1328A, C-1328B and C-1489) WHEREAS the Safety Codes Act RSA 2000, Chapter S-1, provides that a municipality with any power and duties relating to matters under the Safety Codes Act is deemed to be an accredited municipality with those powers and duties; AND WHEREAS the Safety Codes Act provides that the Minister may by Order designate any local authority as an accredited municipality authorized to administer all or part of the Safety Codes Act within its respective municipality; AND WHEREAS the Minister delegated authority to the Safety Codes Council to designate any local authority as an accredited municipality pursuant to Section 26(1) of the Safety Codes Act; AND WHEREAS the Safety Codes Council, by Order dated December 13, 1995, designated the City of Grande Prairie as an accredited municipality in the building and plumbing disciplines; AND WHEREAS the Safety Codes Council, by Order dated June 16, 1997, designated the City of Grande Prairie as an accredited municipality in the gas and electrical disciplines; and, AND WHEREAS if a local authority is so accredited, it is authorized pursuant to Section 66 of the Safety Codes Act to make bylaws respecting fees for anything issued or any material or service provided pursuant to the Act, and respecting the carrying out of its powers and duties as an accredited municipality including: (a) Providing for the issuance of permits; (b) Prescribing the fee, in accordance with Bylaw C-1395, Schedule "A" to be charged for the issuance of permits; (Bylaw C-1328A - July 1, 2019) (c) Providing for the form and content of permits for the use, occupancy, relocation, construction, demolition, installation, alteration, repair, removal or change of occupancy of a building, electrical, plumbing and gas equipment and systems; and, (d) Prohibiting the commencement by any person of the use, occupancy, relocation, construction, demolition, installation, alteration, repair, removal or change of occupancy of a building, electrical, plumbing and gas equipment and systems, unless that person is authorized by a permit to do so. NOW THEREFORE, the Council of the City of Grande Prairie, in the Province of Alberta, enacts as follows: BYLAW C-1328 PAGE 2 1. TITLE This Bylaw shall be known as the "Building Bylaw." 2. DEFINITIONS In this Bylaw: 2.1 "ACT" means the Safety Codes Act, as amended from time to time and Regulations made under the Safety Codes Act as amended from time to time. 2.2 "ADDITION" means a series of planned changes and updates made to increase an existing building or structure. 2.3 "ALTERATION" means a series of planned changes and updates made to an existing building or system where the size of the existing building or system is unchanged. 2.4 "APPLICANT" means the owner of a building or property or representative/agent authorized in writing by the owner who applies for a permit. 2.5 "AUTHORITY HAVING JURISDICTION" (AHJ) means an Officer in the building discipline exercising authority pursuant to designation of powers and terms of employment as defined in the Act. 2.6 "BASEMENT" means any storey or stories of a building located below the first storey. 2.7 "BARRIER-FREE DESIGN" means the absence of obstacles in an environment, therefore allowing persons with physical mental or sensory disabilities safer and easier access into buildings and then use of those buildings and related facilities and services. 2.8 "BUILDING" means any structure used or intended for supporting or sheltering any use or occupancy. 2.9 "CHANGE OF USE" means when one tenancy in a commercial unit ends and a new tenancy begins. 2.10 "CITY" means the municipal corporation of the City of Grande Prairie, or the area contained within the boundary thereof, according to the context in which the word is used. 2.11 "CODES" means collectively to those codes declared in force by the regulations passed pursuant to the Act in respect of buildings, electrical systems, plumbing systems and gas systems. 2.12 "COMMERCIAL" means a building or structure used for or intended to be used for, in whole or in part, commercial, industrial or institutional purpose, or a multi-family residential building containing five (5) or more dwelling units. BYLAW C-1328 PAGE 3 2.13 "COMPLIANCE ASSESSMENT" means an onsite assessment for life safety requirements on existing construction, completed without previously successfully following the permit process as required by the Authority having Jurisdiction. 2.14 "COST OF CONSTRUCTION" (C.C.) means expense incurred by a contractor for labour, material, equipment, services, utilities, etc. 2.15 "CONSTRUCTION WAIVER" means a document produced by the City and signed by the Building Contractor to accept all liability in the event of a fire in a subdivision where there hasn't been a successful hydrant flow test. 2.16 "DECK" means a structure, which is constructed with a floor on posts and beams above grade. 2.17 "DEMOLITION" means a permit authorizing the demolition, or partial demolition, of a building structure. 2.18 "DO NOT OCCUPY NOTICE" means a directive by an Officer to the Owner to prohibit the occupancy of a building. Notice can only be removed by the AHJ. 2.19 "DUPLEX" means a building that is divided horizontally into two (2) separate dwelling units. 2.20 "DWELLING UNIT" and "DWELLING" means a suite operated as a housekeeping unit, used or intended to be used by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities. 2.21 "FLOOR AREA" means the area (interior wall to interior wall) of the upper most storey having its floor level at or above grade and any storey above. 2.22 "GARAGE" means a building which is designed or used for the sheltering of motor vehicles and the storage of household goods incidental to the residential use of the dwelling. 2.23 "GARAGE SUITE" means a dwelling unit contained within a detached garage. 2.24 "GENERAL CONTRACTOR" means a person who contracts with an owner to undertake a project. 2.25 "GREEN BUILT INCENTIVES" means an incentive program set up to waive permit fees, in accordance with Bylaw C-1395, Schedule "A" for the installation of one (1) of the methods outlined. 2.26 "HYDRONIC SYSTEM" means a heating or cooling system that transfers heat by circulating a fluid (usually water or glycol mix) through a closed system of pipes. 2.27 "MANUFACTURED/MODULAR HOME" means a factory-constructed, detached dwelling unit readily relocatable as a single unit or in modules. BYLAW C-1328 PAGE 4 2.28 "MASTER ELECTRICIAN" means a person who is the holder of a Master Electrician Certificate issued by the Board of Certification. 2.29 "MULTI-FAMILY" means a building which contains five (5) or more units intended for residential occupancy. 2.30 "NEW HOME WARRANTY" means the New Home Buyer Protection Act, requiring builders to provide home warranty coverage for all new homes built in the province. 2.31 "OCCUPANCY" means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. 2.32 "OCCUPANCY CERTIFICATE" means a certificate authorizing the occupancy of a building. Certificate issued after a successful final inspection has been achieved on the Building, Electrical, Plumbing and Gas Permits. 2.33 "ORDER" means a directive by an Officer to the interested party/parties to do or stop doing in respect of the thing, process or activity in contravention of the Act with a reasonable time within which it must be done or stopped. 2.34 "OFFICER" means a person appointed as a Safety Codes Officer who holds an appropriate certification of competency and meets the requirements of the regulations with respect to all or part of the Act. 2.35 "OWNER" means any person in charge, or who has care and control, or holds themself out as having the powers and authority of ownership, or who for the time being exercises the powers and authority of ownership. (Bylaw C-1489 - July 14, 2025) 2.36 "PEACE OFFICER" means a sworn member of the Grande Prairie Police Service, a sworn member of the Royal Canadian Mounted Police, a bylaw enforcement officer of the City, or a community peace officer of the City. (Bylaw C-1489 - July 14, 2025) 2.37 "PERMIT" means permission or authorization in writing to commence the use, occupancy, relocation, construction or demolition of any building. 2.38 "PERMIT FEE" means a fee, in accordance with Bylaw C-1395, Schedule "A" payable for a permit. 2.39 "PERMIT ISSUER" means a person designated under the Act to issue permits. 2.40 "PERMIT SERVICE REPORT" means a report which remains on file as a record of compliance or noncompliance with the provisions of the Act, Regulations Code and Standards. 2.41 "PREVAILING MARKET VALUE" means the prevailing price at which something can be constructed on a given market. Prevailing Market Value will be set at $180.00/square foot for the purpose of this Bylaw. BYLAW C-1328 PAGE 5 2.42 "REGISTERED PROFESSIONAL" means: (a) a person who is registered or licensed to practice as an architect under the Architects Act; or (b) a person who is registered or licensed to practice as a professional engineer under the Engineering and Geoscience Professions Act. 2.43 "RETAINING WALL" means a wall supporting and confining a mass of earth. 2.44 "RESIDENTIAL" means a building not more than three (3) storeys in height, not more than 600m2 in area. 2.45 "SECONDARY SUITE" means a self-contained, accessory dwelling unit located within a principal single-detached dwelling or in an accessory building on the same parcel as a single-detached dwelling. 2.46 "SEMI-DETACHED" means a building that is divided vertically into two (2) separate dwelling units. 2.47 "SINGLE FAMILY DWELLING" means a house used or intended to be used by one (1) or more persons and contains cooking, eating, living, sleeping and sanitary facilities. Also referred to as single detached dwelling. 2.48 "SITE" means the physical location of the work that is the subject of a permit. 2.49 "SOLAR PANEL" means a panel designed to absorb the sun's rays as a source of energy for generating electricity or heating. 2.50 "SOLID FUEL BURNING APPLIANCE" means all solid fuel (wood, coal, etc.) burning appliances including stoves, factory made fireplaces (natural gas not included). 2.51 "SUB CONTRACTOR" is an individual or business that signs a contract to perform part or all of the obligations of another's contract. 2.52 "TEMPORARY HEAT PERMIT" means a gas permit required to supply temporary heat during construction. 2.53 "TEMPORARY PLUMBING PERMIT" means a plumbing permit required to supply temporary plumbing during construction. 2.54 "TEMPORARY POWER PERMIT" means an electrical permit required to supply temporary power during construction. 2.55 "TEMPORARY STAGE" means a temporary platform constructed to support loads. 2.56 "TEMPORARY TENT" means a temporary structure composed of a covering made of a pliable membrane or fabric, supported by such mechanical means as poles, metal frames, ropes or cables and anchored in such a manner to reduce uplift. BYLAW C-1328 PAGE 6 2.57 "VERIFICATION OF COMPLIANCE" (V.O.C) means a document providing reasonable assurance provided by a guarantor, that the work in question complies with the applicable code. All definitions contained in the Safety Codes Act shall apply to this Bylaw except to the extent that they are inconsistent with the definitions of words and expressions as set out in this Bylaw, and in the case of such inconsistency, the definitions set out in this Bylaw shall apply. (Bylaw C-1328B - June 15, 2020) 3. SCOPE 3.1 The provisions of this Bylaw shall apply to the issuance of Permits respecting the construction, alteration, addition, occupancy, change in occupancy, installation, repair or demolition of buildings, electrical, plumbing, gas equipment and systems regulated by the Act within the City. (Bylaw C-1328B - June 15, 2020) 4. SAFETY CODES OFFICER'S POWERS AND DUTIES 4.1 An Officer may exercise the powers and duties only in accordance with the designation as defined in Section 32 of the Act and the City's Quality Management Plan. 4.2 An Officer is hereby authorized to enforce the provisions of this Bylaw, the Act and the Regulations. 4.3 An Officer shall keep an accurate account of all Permits issued and all fees, in accordance with Bylaw C-1395, Schedule "A" and other monies collected and received under this Bylaw. (Bylaw C-1328A - July 1, 2019) 5. PROHIBITION 5.1 Permit(s) Required: No person shall use, occupy, relocate, construct, demolish, install, alter, or repair any building, electrical, gas or plumbing equipment or system located in a building or on any premises, unless there is a valid or temporary permit. 5.2 No False Information: A person who knowingly makes a false or misleading statement as defined in Section 67(2) of the Act, either orally or in writing is guilty of an offence. 5.3 Deviation: No person shall deviate or authorize a deviation from a permit or conditions of a permit without first obtaining the written permission of the permit issuer as defined in Section 27 of the Permit Regulations. 5.4 No Obstruction of an Officer: No person shall obstruct the entry of an Officer as defined in Section 34 of the Act. 5.5 Do Not Occupy: No person shall occupy a building without receiving an Occupancy Certificate. 5.6 Construction Waiver: No person shall start construction in a subdivision that has not received a successful hydrant flow test, unless a Construction Waiver has been signed. BYLAW C-1328 PAGE 7 6. PERMIT HOLDER REGULATION 6.1 Building Discipline Permit Holder: (a) A permit issuer may issue a permit in the building discipline to the following: (i) a person having the appropriate certification to carry out the undertaking as required by the Apprenticeship and Industry Training Act; (ii) an owner who resides or intends to reside in a single family dwelling for the installation of building systems in the dwelling; or (iii) an owner's agent. 6.2 Gas Discipline Permit Holder: (a) A permit issuer may issue a permit in the gas discipline to the following: (i) a gasfitter; (ii) an owner who resides or intends to reside in a single family dwelling if the gas system serves the dwelling; or (iii) an owner of a farm building if the gas system serves the farm building. (b) Without limiting the generality as defined in Section 44(2) of the Act, for the purpose of achieving the level of safety intended by the Act and the regulations, a permit issuer may limit the type and scope of the undertaking for which a permit is issued as stated above. 6.3 Plumbing Permit Holder: (a) A permit issuer may issue a permit in the plumbing discipline to the following: (i) a plumber; (ii) an owner who resides or intends to reside in a single family dwelling if the plumbing system serves the dwelling; or (iii) an owner of a farm building if the plumbing system serves the farm building. 6.4 Electrical Permit Holder: (a) A permit issuer may issue a permit in the electrical discipline to the following: (i) a master electrician for any electrical system within the scope of the master electrician's certification; (ii) an owner who resides or intends to reside in a single family dwelling where the electrical system serves that dwelling; or (iii) an owner of a farm building served by a single phase electrical system. (b) Without limiting the generality as defined in Section 44(2) of the Act, for the purpose of achieving the level of safety intended by the Act and the regulations, a permit issuer may limit the type and scope of the undertaking for which a permit is issued as stated above. BYLAW C-1328 PAGE 8 6.5 Private Sewage Treatment System Permit Holder: (a) a Permit issuer may issue a Permit in the private sewage discipline to the following: (i) a private sewage installer for any private sewage system; (ii) a restricted private sewage installer for the installation of holding tank; (iii) an owner who resides or intends to reside in a single family residential dwelling for any private sewage system if the private sewage system serves the dwelling; and (iv) an owner of a farm building for any private sewage system if the private sewage disposal system serves the farm building. (b) without limiting the generality as defined in Section 44(2) of the Act, for the purpose of achieving the level of safety intended by the Act and the regulations, a Permit issuer may limit the type and scope of the undertaking for which a permit is issued as stated above. (Bylaw C-1328B - June 15, 2020) 7. BUILDING PERMIT PRELIMINARIES 7.1 Development Permit: Despite any other provision of this Bylaw a development permit must be issued, prior to Building Permit issuance, where such permit is required by the current Land Use Bylaw. 7.2 Business License: Despite any other provision of this Bylaw, General and Sub Contractors shall have an issued, valid business license to operate in the City prior to submitting for a Building or Subtrade Permit. (Bylaw C-1328B - June 15, 2020) 7.3 Lot Grading Plan: When required, a Lot Grading Plan must be approved prior to Building Permit issuance. 7.4 New Home Warranty: When required, New Home Warranty, or proof of exemption thereof, must be approved prior to Building Permit issuance. 7.5 Builder License: When required, a General Contractor License or Developer Licence is required prior to having a Building Permit issued. (Bylaw C-1328B - June 15, 2020) 8. PERMIT APPLICATIONS 8.1 To obtain a Permit, an Applicant shall file a complete application on the form prescribed by the City. (Bylaw C-1328B - June 15, 2020) BYLAW C-1328 PAGE 9 9. PLANS AND SPECIFICATIONS Commercial 9.1 One (1) set of building plans and specifications shall be submitted for a building permit. Each set shall: (a) be drawn in permanent ink (hard copy or digital file); (b) be drawn to a legible scale; (c) indicate the proposed occupancy use of all parts of the building; and (d) as required, show calculations of unprotected openings shown as a percentage of exposed building face. 9.2 One (1) site plan shall be submitted for a building permit. Each plan shall specify: (a) actual dimensions of the lot; (b) the building footprint; (c) dimensions to front, rear and side yard property lines; (d) dimensions of any projections outside of the building footprint (ex: eaves and cantilever); and (e) barrier Free Design requirements. On extensive building alterations, Barrier Free Design requirements shall be determined by the Authority Having Jurisdiction. 9.3 Pending complexity and scope of work, professional involvement may be required as per AHJ. 9.4 Each application shall have a: (a) completed Permit application form; and (b) completed Permit application check sheet. (Bylaw C-1328B - June 15, 2020) Residential 9.5 One (1) set of building plans and specifications shall be submitted for a building permit. Each set shall: (a) be drawn in permanent ink (hard copy or digital file); (b) be drawn to a legible scale; (c) indicate the proposed occupancy use of all parts of the building; and (d) as required (ex: single family dwelling, semi-detached, etc.), show calculations of unprotected openings as a percentage of exposed building face. 9.6 One (1) site plan shall be submitted for a building permit. Each plan shall specify: (a) actual dimensions of the lot; (b) the building footprint; (c) dimensions to front, rear and side yard property lines; and (d) dimensions of any projections outside of the building footprint (ex: eaves and cantilever). 9.7 Each application shall have a: BYLAW C-1328 PAGE 10 (a) completed Permit application form; and (b) completed Permit application check sheet. (Bylaw C-1328B - June 15, 2020) 10. ISSUANCE OF PERMITS 10.1 If an Officer is satisfied that the work described in an application for a Permit is in accordance with the provisions as defined in the Act, the applicable Regulations and Codes, the provisions of this Bylaw and the fees, in accordance with Bylaw C-1395, Schedule "A" have been paid, a Permit shall be issued to the applicant, with or without conditions. (Bylaw C-1328A - July 1, 2019) 11. INSPECTIONS 11.1 During construction, until all Final Inspections are complete, permit placard must be posted on site, and visible from the street. 11.2 At the time of inspection the following Building Permit documents shall be onsite: (a) plans stamped "EXAMINED"; (b) engineer floor joist layout; (c) engineer roof truss layout; and (d) permit conditions. (Bylaw C-1328B - June 15, 2020) 11.3 All work related to an inspection booked, must be complete and ready for date of inspection. 11.4 Adequate site access required to complete inspections. Sites must be clean, safe, and complete with secured ladders or stairs. 11.5 Receiving an inspection with failure to meet any of the above requirements, will result in a "FAILED", "NOT READY", or "NO ENTRY" inspection, subject to the Fines as defined in Schedule "C". (Bylaw C-1328A - July 1, 2019) 11.6 Failure to receive a required inspection resulting in the issuance of a V.O.C may result in a fine as defined in Schedule "C". (Bylaw C-1328B - June 15, 2020) BYLAW C-1328 PAGE 11 12. NON-ISSUANCE, EXPIRATION & EXTENSION OF PERMITS Unless otherwise specified in this Bylaw: 12.1 Permit application submitted for approval, for which no Permit is issued and on which no action is taken by the Applicant for ninety (90) days may be cancelled. 12.2 Every Permit issued by an Officer may expire: (a) if the work authorized by the Permit has not commenced within ninety (90) days from the date of permit issuance; (b) if the work authorized by the Permit is suspended or abandoned, or deemed to be abandoned by the Officer for a period of one hundred and twenty (120) days at any time after the work has commenced; or (Bylaw C-1328B - June 15, 2020) (c) after one (1) year of permit issuance. 12.3 An Officer may grant an extension to a Permit before the Permit has expired. A request for an extension shall be made by way of written request from the Applicant. The permit extension will be based on the information provided to the Officer and the length of extension will be determined by the Officer. (Bylaw C-1328B - June 15, 2020) 13. CANCELLATION, & SUSPENSION OF PERMITS Unless otherwise specified in this Bylaw: 13.1 A Permit (prior to receiving inspections) or application may be cancelled upon written request to an Officer from the owner or their authorized agent. Refunds are in accordance with Bylaw C-1395, Schedule "A". (Bylaw C-1328B - June 15, 2020 and C-1489 - July 14, 2025) 13.2 An Officer may by notice in writing, suspend or cancel a Permit, if in the opinion of the Officer: (a) there has been a contravention of any condition of the Permit; (b) the Permit was issued in error; or (c) the Permit was issued on the basis of incorrect information supplied to the City. 13.3 Any fees, in accordance with Bylaw C-1395, Schedule "A" collected for a Permit, which has been cancelled by an Officer or allowed to expire as defined in Section 12.2 of this Bylaw, shall not be refunded. (Bylaw C-1328A - July 1, 2019) 14. FEES 14.1 The fees, in accordance with Bylaw C-1395, Schedule "A" for each Permit shall be submitted at the time of application. (Bylaw C-1328A - July 1, 2019) BYLAW C-1328 PAGE 12 14.2 If a Building Permit expires in accordance with Section 12.2 of this Bylaw, the Applicant may apply for a new Permit at fifty (50%) percent of the fee in accordance with Bylaw C-1395, Schedule "A", with no changes to the original Permit submittal. (Bylaw C-1328B - June 15, 2020) 14.3 Upon receipt of a new application and the written request from an Owner a building Permit may be transferred. The fee to transfer a Permit is, in accordance with Bylaw C- 1395, Schedule "A". (Bylaw C-1328B - June 15, 2020) 14.4 If any unauthorized work, including excavation, has been started before the issuance of a Permit, the Permit fine shall be as defined in Schedule "C". (Bylaw C-1328B - June 15, 2020) 15. OFFENCE 15.1 Any person who contravenes any provisions of this Bylaw is guilty of an offence and: (a) liable upon prosecution of a fine of not less than Two Hundred Fifty Dollars ($250.00) and not more than Ten Thousand Dollars ($10,000.00), issued by a Peace Officer; or (Bylaw C-1328B - June 15, 2020) (b) may be issued an Order by an Officer, to remedy the contravention. 15.2 At the request of the AHJ, as a result of outstanding fees (fees in the arrears after 90 days), Business License may be suspended by a Peace Officer. 16. GENERAL 16.1 An Applicant for a Permit is responsible for, and is not excused from, ascertaining and complying with the requirements of any Federal, Provincial or other Municipal legislation and the Codes referenced in this Bylaw. 17. Bylaw C-1039 and all amendments are hereby repealed. 18. This Bylaw shall take effect on the date it is passed. READ a first time this 8 day of August , 2016. READ a second time this 8 day of August , 2016. READ a third time and finally passed this 8 day of August , 2016. "B. Given" (signed) Mayor "T. Williams" (signed) Acting Corporate Services Director BYLAW C-1328 SCHEDULE "A" Deleted by (Bylaw C-1328A - July 1, 2019) BYLAW C-1328 SCHEDULE "B" Deleted by (Bylaw C-1328A - July 1, 2019) BYLAW C-1328 SCHEDULE "C" - VIOLATION FINES (Bylaw C-1328B - June 15, 2020) Offence Fines 1) Commencement of work without a valid permit (per contractor) - 1st Violation Fine - 2nd Violation Fine (within 365days of the 1st offence) - 3rd Violation (within 365 days of the 1st offence) Double original permit fee Triple original permit fee Fine to be set as defined in Section 15.1 of this Bylaw 2) Occupying a Building: a) Without passing final inspections b) While a "Do Not Occupy Notice" is posted onsite - 1st Violation Fine - 2nd Violation Fine - 3rd Violation Fine $500.00 / discipline $1,000.00 $1,500.00 $2,000.00 3) Do Not Cover Notice: - Proceeding with work while a 'Do Not Cover' notice is posted All covered portions shall be uncovered at Owners expense. 4) Re-inspection: (as defined in Section 11.5 of this Bylaw) - 1st Violation Fine - 2nd Violation Fine - 3rd Violation Fine $100.00 + SCL $200.00 + SCL $300.00 + SCL 5) V.O.C. (as defined in Section 11.6 of this Bylaw) - 1st Violation Fine - 2nd Violation Fine - 3rd Violation Fine $100.00 $200.00 $300.00 6) General Offence - All offences, not already specified on this Schedule Fine to be set as defined in Section 15.1 of this Bylaw BYLAW C-1328 SCHEDULE "D" Deleted by (Bylaw C-1328A - July 1, 2019)